NOTICE

Please note that as of September 16, 2021, applications for restrictive covenants will be heard on Tuesdays only.

 



The Hon. Mr. Justice David Fraser

Branch Development Ltd. TA Iberostar Rose Hall Beach Hotel v The Bank of Nova Scotia Jamaica Limited

Applicability of Account Agreements – Generally, later contracts rescind or vary previous contracts in relation to the same subject matter – Most recent Agreement applicable – No basis to have recourse to the common law – Implied Plea of non est factum – No duty to explain effect of Agreements – Fraudulent cheques containing forged signatures – Account debited based on the payments on fraudulent cheques – Alleged breach of contract – Express provisions covering customer’s duties – Effect of forgery clause – Forgery clause neither unreasonable nor ambiguous – Scope of verification/conclusive

Administrator General of Jamaica (on behalf of the Estate and Near Relations Stephen Lloyd Spencer, deceased) v Cool Petroleum Ltd et al

Application to set aside default judgment – Rule 13 of the Civil Procedure Rules (CPR) – Whether application for relief from sanctions under rule 26 of the CPR is required – Requirements to set aside default judgment – Real prospect of success in defending claim is foremost consideration – Applicant must have an affidavit of merit – Waiver of affidavit of merit possible only in exceptional circumstances – Applicant must have acted promptly and have a good explanation for failure to comply – Court still has discretion to set aside judgment where application not prompt and there is no good ex

McLaren-Josephs, Heather Fern v Josephs, Nigel Archibald

The parties’ interest in the family home – Principal asset – Statutory rule creates an entitlement to equal interest – Equal share rule is the norm but may be displaced – For the rule to be displaced, it has to be shown to be unreasonable or unjust –What constitutes a section 7 factor – No requirement that inheritance factor occurs before the marriage – Once a section 7 factor exists then court can consider all other circumstances including contribution – Inheritance money used to repay mortgage – Post separation contributions do not affect entitlement at separation – Occupation rent – Paym

Patterson, Vernal Ernest v Nelson Patterson, Millicent Ann

Presumption that joint equitable ownership flows from joint legal ownership – Rebuttal of presumption a heavy burden but can be displaced by showing a different common intention – Common intention to be deduced objectively from parties words and conduct – The court should consider what is fair having regard to the whole course of dealing between the parties in instances where the intended shares are uncertain – Factors to consider in determining common intention include financial contribution and the purpose for which the property was acquired – Occupation rent – Central consideration is fo

Imperial Suites Hotel Limited v Johnson, Leroy

Application for striking out of Defence and/or Summary Judgment – Whether there exists reasonable grounds for defending the claim pursuant to rule 26.3(1)(c) of the Civil Procedure Rules or a real prospect of successfully defending the claim pursuant to rule 15.2(b) of the Civil Procedure Rules – Defendant lacking locus standi as either shareholder or creditor of company to defend action on behalf of company – The company was the mortgagor and has a separate legal personality – Only the company has the legal standing to challenge the transfer of title pursuant to mortgagee’s power of sale –

The Queen v Green, Kimeo

The Evidence (Special Measures) Act, 2012 - The Evidence (Special Measures) (Criminal Jurisdiction) (Judicature) (Supreme Court) Rules, 2016 - Application for main witness to give evidence by live link - Appropriate circumstances for use of special measure of live link - Definition of vulnerabe witness - Witness said to be in fear but no allegation of actual threat - Right of accused to a fair trial - Credibility significant issue - Risk of incurable prejudice of the accused - Overall interests of the administration of justice.

Davis, Marlene v Davis, Hugh Ashley

Date of separation - Divisin of family home - Equal share rule - Partnership of equals - Variarion of equal share rule - Unjust - Unreasonable - Factors to be considered - What is fair and just in the circumstances - Contribution - Other factor - Ownership of other property - Burden of proof - Division of property other than family home - Occupation rent - Mense profit - Definition of property - Inherent jurisdiction.

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